K.N.SINHA, J. - (1.) THE present transfer application has been moved on behalf of Azeem who is an accused in Session Trial No. 198/02, State Vs. Azeem under Section 302/207/504 IPC and Section 7 of Criminal Law Amendment Act, Police Station Rosa, District Shahjahanpur.
(2.) THE allegations set forth in the application are that the above noted trial was pending in the court of Special Judge (EC Act) Court No. 9, Shahjahanpur, which was presided over by G.S. Chandel, who recorded the evidence of six witnesses. Thereafter Sri Chandel was posted in the court of Third Additional Sessions Judge and one Rajveer Sharma took over in the court of Special Judge (EC Act) in place of Sri G.S. Chandel. The contention of learned counsel for applicant is that as the major part of evidence was recorded by Sri G.S. Chandel and he is at the same Sessions division, i.e. the same district hence the case should be transferred and tried by Sri Chandel. He approched the Sessions Judge for transfer but the prayer was declined and transfer application was rejected by order dated 21.3.2006.
(3.) LEARNED counsel for the petitioner has relied upon Punjab Singh Vs. State of U.P. reported in 1983 (20) page 37 in which it was held that where whole or part of the evidence has been recorded by a particular judge who is available in the district the case may be transferred to that court.;